Breaking or ending a lease when there is violence

• What if my client is not on the rental agreement?

  If your client is not a renter listed on the rental agreement, your client can move out without giving notice to the rental provider.  

  Your client can’t be added to a tenancy database, or ‘blacklist’, if they weren’t a renter on the rental agreement.  

  If there are outstanding costs associated with the rental, such as costs for repairs or unpaid rent, and your client is not listed on the rental agreement, they are not responsible for these costs under Victoria’s renting laws.

• Notice period required to give to the rental provider

  Generally, if a renter is on a month-to-month rental agreement, they will need to give their rental provider at least 28 days’ notice.

  There are certain circumstances when a renter can end the rental agreement with 14 days’ notice, including:  

  • The rental provider has successively breached their obligations,  

  • The renter needs special or personal care that they cannot get at their rented home,  

  • The renter has accepted an offer of social housing,  

  • The renter is moving into temporary crisis accommodation,  

  • The renter has a disability and their rental provider has refused a request to make reasonable alterations,  

  • The renter has received a notice to vacate for certain reasons.   

  You can read more on the Consumer Affairs Victoria website about giving a notice of intention to vacate. 

• What is family violence or personal violence under tenancy law?

  Tenancy law contains options for renters who experience both family violence or personal violence as defined below. 

  Family violence is a behaviour by a partner, caregiver, family member or guardian that is: 

  • Physically or sexually abusive  

  • Emotionally or psychologically abusive  

  • Economically abusive  

  • Threatening  

  • Coercive  

  • In any other way controls or dominates the family member causing them to feel fear for safety or wellbeing of themselves or others  

  • Causes a child to hear or witness or be exposed to the effects of the above  

    

  Personal violence can be carried out by a non-family member and means the following:  

  • Assault  

  • Sexual assault  

  • Harassment  

  • Property damage or interference  

  • Making a serious threat  

  • Stalking  

   

• Where there is damage or unpaid rent

  The rental provider may apply to VCAT for bond or for compensation if there is unpaid rent or damage to the property at the end of the rental agreement. 
   
  Usually, it is the shared responsibility of all renters to pay these costs. However, if the loss or damage happened because of family or personal violence, VCAT may order that the person experiencing violence is not responsible for paying these costs. 
   
  If a rental provider is seeking compensation through VCAT, your client should get legal help about their options. 
   
  Read more about dealing with damage or unpaid rent when leaving a property.   

• What happens after the application is submitted to VCAT? 

  VCAT is required to hear the application within three business days. Your client will receive a notice in the mail or by email which will show the date, time and location of the hearing. If they misplace the notice, or do not receive the notice within two days of making the application, they should call VCAT on 1300 018 228 to confirm if a hearing has been listed or check the details. 

  At the hearing, VCAT will ask to hear from your client first, and then will hear from the rental provider. VCAT may also hear from the co-renter. VCAT will consider all the evidence then decide whether to make an order ending the rental agreement.

• Will my client have to pay costs for ending the rental agreement early?  

  If VCAT ends the rental agreement because of family violence, the rental provider is not entitled to compensation for the early termination of the lease.

  If VCAT makes an order ending your client’s rental agreement, VCAT can also make orders about:  

  • what should happen with the bond  

  • who is responsible for any unpaid rent or damage  

  • who is responsible for any outstanding utilities costs.  

• How does my client prove hardship?

  An intervention order (IVO), this can be used as evidence of unexpected hardship you are experiencing due to family or personal violence. 
   
  If you do not have an IVO, you can use other forms of evidence such as a letter from a support worker from a family violence service, or statements from witnesses.

• Will my client have to pay costs for ending the rental agreement early?

  VCAT will decide if a renter must pay costs to the rental provider for ending the rental agreement early. If your client has experienced family violence, they may not have to pay extra costs for ending the agreement early.

• Can the rental provider take my client’s bond?

  After a tenancy ends, either the renter or the rental provider can apply to VCAT for the bond to be returned to them. When considering that application, VCAT can make orders that the portion of the bond paid by the renter cannot be taken to cover loss or damage suffered by the rental provider if:  

  • the renter has experienced family violence;  
  • the loss or damage suffered by the rental provider was caused by the person using violence against the renter; and  
  • the renter has an intervention order or family violence safety notice.  

Information about VCAT

• What if my client can’t go to their VCAT hearing?

  It is important that your client goes to their hearing because VCAT can make a decision even if they are not there. 
   
  If your client has good reason for not being able to go to their hearing, they can ask for a change to the date of the hearing (an adjournment). Read more about the rules and timeframes when asking to change a hearing date (adjournment). 
   
  If they miss the hearing and had a reasonable excuse for not attending, they may be able to apply for a review hearing. 

• My client is worried about the person using violence against them (or their family) attending the hearing

  There are dedicated family violence support workers at VCAT who can help to keep people safe during a VCAT hearing. They can help to:   

  • arrange for your client to attend the hearing by phone, or from another safe place   

  • fill out paperwork or prepare for a hearing   

  • support your client at a hearing.  

   

  Read more about VCAT family violence support.  

• My client is worried about their evidence being shared with the person using violence against them

  VCAT may share evidence with all the parties in a matter. If your client is worried that sharing evidence of family violence may put their safety at risk, they can ask VCAT for a hearing to decide how the evidence is used and who it is shared with.  
   
  This will usually happen before the main hearing and is called a directions hearing. Your client should contact VCAT’s family violence workers if they are worried about their safety.    

• Can my client end their rental agreement without going to VCAT?

  A renter can end a rental agreement if they get consent from other renters on the agreement and the rental provider. 
   
  To end a rental agreement by consent, a renter can send an email or speak directly with their real estate agent or rental provider to agree on a date the rental agreement will end. If your client ends their rental agreement by consent, make sure they confirm the agreement in writing (for example, in an email). 
   
  If your client is concerned about unpaid rent or damage caused by family or personal violence, we recommend that your client apply to end their rental agreement by applying to VCAT because there are better legal protections for people experiencing family and personal violence compared to other options.